Appellate

  • June 11, 2026

    5th Circ. Says FTC Can't Outsource Horse-Racing Enforcement

    The Fifth Circuit once again struck down the Horseracing Integrity and Safety Authority's enforcement power over nationwide thoroughbred racing Thursday, holding that the U.S. Supreme Court's ruling last year in FCC v. Consumers' Research doesn't upend the circuit court's previous decision on the issue.

  • June 11, 2026

    Fed. Circ. Pauses Trade Court's Limited Block Of Global Tariffs

    The Federal Circuit halted a U.S. Court of International Trade ruling prohibiting the government from collecting temporary global tariffs on two retailers and the state of Washington while it considers whether those duties are lawful, according to an order Thursday.

  • June 11, 2026

    10th Circ. Rejects Immunity For Officers In Fatal Shooting Suit

    Colorado police officers accused of using excessive force against a man shot and killed by one of the officers cannot raise the defense of qualified immunity, the Tenth Circuit affirmed.

  • June 11, 2026

    11th Circ. Blocks Insurer's Late Bid To Join Trafficking Suit

    The Eleventh Circuit on Thursday tossed an insurer's appeal of a decision denying its bid to intervene in a suit against a Georgia hotel that was ordered to pay $40 million for its role in allowing sex trafficking on its premises.

  • June 11, 2026

    Panel Tosses NJ Mall's 3rd Bid To Force Parking Garage Build

    A New Jersey appeals court on Thursday dismissed a shopping center owner's third attempt to force construction of a parking garage imagined in a 2004 plan instead of a nine-story, mixed-use building developers pitched after Newark adopted policies against new parking lots in the area.

  • June 11, 2026

    RJ Reynolds-Led ITC Vape Probe To Continue, Fed. Circ. Says

    A U.S. International Trade Commission investigation into R.J. Reynolds Tobacco Co.'s claims that importers are skirting restrictions on vapes will continue after a Federal Circuit panel on Thursday rejected a petition to kill the probe, finding it lacked appropriate backing.

  • June 11, 2026

    NJ Justices Rule Private Emails Can't Shield Public Business

    The New Jersey Supreme Court held on Thursday that school board members cannot shield public business by conducting it through their private email accounts, ruling that logs of government‑related emails housed in personal accounts qualify as government records under the state's Open Public Records Act.

  • June 11, 2026

    5th Circ. Backs $158M Healthcare Fraud Scheme Convictions

    The Fifth Circuit affirmed convictions for two men found guilty in a $158 million healthcare scheme where false claims were submitted for illegitimate compound medications, ruling Wednesday there was sufficient evidence for jurors to find they conspired to defraud federal workers' compensation programs and Blue Cross Blue Shield.

  • June 11, 2026

    3rd Circ. Again Rejects $3.7M Atty Fee For BMW Defect Class

    In a precedential opinion Thursday, the Third Circuit once again overturned a $3.7 million fee award for attorneys representing BMW owners in an engine failure class action, after having previously sent the award back for recalculation.

  • June 11, 2026

    Columbia Student Asks 1st Circ. To Reverse Deportation Order

    A graduate student who led pro-Palestinian protests at Columbia University is appealing a Board of Immigration Appeals decision that led an immigration judge to order him deported to Jordan, his lawyers said.

  • June 11, 2026

    Conn. Justices Order New Trial In $13.2M Estate Tax Fight

    The Connecticut Supreme Court on Thursday ordered a new trial over the state's $13.2 million tax assessment against the estate of a health insurance executive who died in Florida, saying a trial judge should have applied a lower standard of proof when determining the executive's state of residence.

  • June 11, 2026

    Ex-Trump Atty Chesebro Gets Fla. Law License Back

    The Florida Supreme Court has reinstated the law license of former Trump campaign attorney Kenneth Chesebro after his conviction in Georgia's election interference racketeering case was eventually cleared by a court order invalidating the charge.

  • June 11, 2026

    2nd Circ. Asks If Ex-UConn Dept. Head Broke School Rules

    A Second Circuit panel sounded skeptical Thursday about a former University of Connecticut department head's claim that racial animus led to his forced resignation, appearing to lean more toward the argument that he misused state funds while carrying on an inappropriate relationship with his secretary.

  • June 11, 2026

    Moderna Says New COVID Vax Doesn't Infringe BioNTech IP

    Moderna has pushed back at BioNTech's patent infringement lawsuit accusing its newer COVID-19 vaccine of exploiting BioNTech's own technology, saying that it never infringed and that the patent was invalid to begin with.

  • June 11, 2026

    7th Circ. Rejects Firms' Bid for More Flea Collar MDL Fees

    The Seventh Circuit on Wednesday affirmed an Illinois federal court's refusal to order a redistribution of attorney fees from a $15 million settlement resolving multidistrict litigation against Bayer and other manufacturers of Seresto flea and tick collars, saying two law firms arguing they were cut out of their fair share failed to timely challenge the fee-allocation process.

  • June 11, 2026

    3rd Circ. Asks How Legal Tech AI Tool Differed From Westlaw

    A Third Circuit panel grilled ROSS Intelligence's attorney Thursday over whether the defunct legal tech startup's use of Westlaw headnotes to train an artificial intelligence-powered legal research tool was truly transformative, repeatedly asking counsel to explain how the product differed from Westlaw.

  • June 11, 2026

    BofA Prevails In Authentication Patent Case At Fed. Circ.

    A user authentication patent owner that sued Bank of America for infringement lost its challenge to how a Texas federal court interpreted a key patent term, after the Federal Circuit on Thursday backed the lower court's claim construction.

  • June 11, 2026

    Fla. Court Says State Can't Litigate Tribal Ordinance Violations

    A man who was found guilty of disorderly intoxication after being arrested at the Miccosukee Casino and Resort on the Miccosukee Indian Reservation had his conviction and sentence reversed after a Florida appeals court found the state lacked jurisdiction to prosecute him for violating a local ordinance on tribal land.

  • June 11, 2026

    Trump Admin Appeals Ruling Striking Down $100K Visa Fee

    The Trump administration said Thursday it is appealing a judge's finding that President Donald Trump's $100,000 H-1B visa fee is an unlawful tax.

  • June 11, 2026

    7th Circ. Affirms Grunt Style's $739K Army Motto TM Award

    The Seventh Circuit has upheld a jury verdict that awarded Chicago T-shirt company Grunt Style LLC $739,000 against another company for infringing its trademark of the U.S. Army slogan "This We'll Defend," saying that when it comes down to it, the case is about which company started using the mark first.

  • June 11, 2026

    Trial Lawyers For Justice Starts Supreme Court Group In DC

    Trial Lawyers for Justice, a national law firm that represents families and victims of catastrophic injuries, medical malpractice clients and others, has hired two lawyers in Washington, D.C., to launch a practice focused on U.S. Supreme Court and appellate work, the firm announced Wednesday.

  • June 11, 2026

    11th Circ. Won't Revisit Delta Pilots' Military Bias Suit

    The Eleventh Circuit declined to rethink the dismissal of a suit alleging Delta forced out two pilots because they took military leave, leaving in place a panel's conclusion that they resigned over investigations into whether they misused their sick leave.

  • June 11, 2026

    Fed. Circ. Changes Process For Some Full-Panel Reviews

    The Federal Circuit now requires the authoring judge to notify all panel members about nonprocedural motions, including motions for extensions of time and withdrawal of counsel, according to internal documents.

  • June 11, 2026

    Justices Reject Feds' Venue Theory In Twitter Spying Case

    The U.S. Supreme Court ruled Thursday that a former Twitter employee convicted of spying on behalf of Saudi Arabia must be prosecuted in Washington state, where he sent false documents to federal agents, and not in California, where the agents who investigated him are based.

  • June 11, 2026

    Justices Reject 5th Circ. Estoppel Ruling In Ch. 13 Case

    The U.S. Supreme Court on Thursday vacated and remanded a Fifth Circuit ruling that let judicial estoppel bar a Chapter 13 debtor from pursuing tort litigation after he failed to disclose the claim to a bankruptcy court, deciding that the circuit court did not consider the totality of the facts and circumstances of the case.

Expert Analysis

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

    Author Photo

    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

    Author Photo

    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

    Author Photo

    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

    Author Photo

    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

    Author Photo

    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

    Author Photo

    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

    Author Photo

    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

    Author Photo

    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

    Author Photo

    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

    Author Photo

    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

    Author Photo

    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

    Author Photo

    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

    Author Photo

    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here